IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100008294
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his unit awards for his Vietnam service.
2. The applicant states he should be issued a DD Form 215 (Correction to
DD Form 214) listing the additional medals his unit received.
3. The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 26 May 1966, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).
3. On 11 October 1966, the applicant was assigned to B Battery, 6th Battalion, 77th Field Artillery Regiment, Fort Irwin, California as a cannoneer.
4. On 1 May 1966, the applicant went with his unit to the Republic of Vietnam. He remained with this unit until 23 October 1968 when he returned to the United States and was assigned to Fort Sill, Oklahoma.
5. On 23 May 1969, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5, and had completed 2 years,
11 months, and 28 days of creditable active service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device 1960, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal award orders pertaining to the applicant. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
8. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a silver service star will be awarded in lieu of five bronze service stars.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 6th Battalion, 77th Artillery Regiment, during the time of the applicant's assignment, was cited in Department
of the Army General Orders (DAGO) Number 48, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 51, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his unit awards for service in the Republic of Vietnam.
2. The applicants unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should be corrected to show these foreign unit awards.
3. He is also entitled to one silver service star to be worn on his already-awarded Vietnam Service Medal to represent the five campaigns in which he participated and addition of this award to his DD Form 214.
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214:
a. to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;
b. by deleting the Vietnam Service Medal with bronze service star and adding the Vietnam Service Medal with one silver service star; and
c. providing the applicant a DD Form 215 to show the above corrections.
_______ _ X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100008294
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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